Seoul Guidelines on the Cooperation of
NHRIs for the Promotion and Protection of Human Rights of Migrants
in Asia, Seoul, Korea (2008).

International
Conference on Human Rights of Migrants and Multicultural
SocietyDignity and
Justice for All Migrants

Seoul, Korea10–12 November
2008

Seoul Guidelines

on the Cooperation of
NHRIs for the Promotion and Protection ofHuman Rights of Migrants
in Asia

Preamble

The International Conference on Human Rights
of Migrants and Multicultural Society—Dignity and Justice for All
Migrants held in Seoul, Korea on 10-12 November 2008,

Reaffirming
the
Universal Declaration of Human Rights which proclaims that all human beings are
born free and equal in dignity and rights and that everyone is entitled to all
the rights and freedoms set out therein, without distinction of any kind, in
particular as to race, colour or national origin,

Recallingthe
universal instruments agreed upon by States to safeguard human rights and
fundamental freedoms, including the Universal Declaration of Human
Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant on
Economic, Social, and Cultural Rights (ICESCR), the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD),
the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), the Convention on the Rights of the Child (CRC), the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families (ICRMW), the International
Convention on Rights of Persons with Disabilities (ICRPD), relevant
International Labour Organization conventions, and regional instruments,

Welcoming the entry into force of
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (1 July 2003), reaffirming its importance
as a baseline for migrant workers’ rights, and recognizing the important work
of the Committee on Migrant Workers,

Welcoming the UNESCO Convention
on the Protection and Promotion of the Diversity of Cultural Expressions,

Recognizing that these instruments
establish a framework for the protection of the rights and fundamental freedoms
of all human beings,

Recognizing
the
important role played by the human rights organs of the United Nations,
including the guidance and jurisprudence of the treaty bodies, the Human Rights
Council, and
special procedures including, notably, the Special Rapporteur for the promotion
and protection of the human rights of migrants and his visits to Asian
countries such as Indonesia, South Korea, and the Philippines,

Reaffirming the Durban Declaration
and Programme of Action (DDPA), adopted at the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban,
South Africa, September 2001, as a landmark document in global efforts to
eradicate racism, racial discrimination, xenophobia and related intolerance,

Welcoming the
convening of the Durban Review Conference (DRC) which is to take place in
Geneva on 20-24 April 2009, and the establishment of the International
Coordinating Committee (ICC) of National Institutions for the Promotion and
Protection of Human Rights Working Group on the DRC at the 9th International
Conference of National Institutions (ICNI) in Nairobi, Kenya, October 2008,

Recognizing the
importance of a human rights-based approach to migration, as well as the full
participation of NHRIs, in the Global Forum on Migration and Development
process,

Welcoming
the
timely adoption on 5 November 2008 of General Recommendation No. 26 of the Committee
on the Elimination of Discrimination Against Women (CEDAW) on Women Migrant
Workers who may be at risk of abuse and discrimination,

Noting that
migration can be a positive social force as migrants make valuable
contributions to economic growth and development in both home and host
countries, including poverty reduction, and as migrants contribute to the
vitality of a diverse society and to more enlightened relations among peoples,

Noting
also that
the situation of migrant workers and their families has become a critical
contemporary human rights issue worldwide, particularly in relation to
exploitation by traffickers, people smugglers, recruitment agents, and corrupt
officials; deaths and injury in transit; discrimination and xenophobia; various
forms of exploitation including sexual abuse; subjection to forced labour,
slavery, practices akin to slavery; and intolerable working conditions; and inhumane
treatment in cases of arrest, detention and deportation,

Recognizing
the
unique role played by NHRIs in applying international human rights standards at
the national level, thereby ensuring their independence and effectiveness in
accordance with the Paris Principles, which enables them to contribute to the
promotion and protection of migrant rights through dialogue between public
authorities and civil society groups at the national level,

Urging therefore the continued
enhancement of the role and participation of NHRIs in international human
rights mechanisms, such as the Human Rights Council (Universal Periodic Review
and Special Procedures) and Human Rights Treaty Bodies, as well as in regional human
rights initiatives,

Reaffirming
that
NHRIs in the Asia-Pacific region should continuously play an active role in
protecting and promoting human rights in the region, with special efforts to
advocate for a human rights approach to migration and migration management, and
to promote the establishment of NHRIs in countries where they are not yet
established,

Welcoming
the
efforts and progress made by the Asia Pacific Forum of National Human Rights
Institutions (APF) concerning migration issues, in particular, trafficking of
women and children

Welcoming
the
efforts made by the ASEAN NHRI Forum to contribute to the development and
establishment of an intergovernmental human rights body in accordance with the
ASEAN Charter, and the contributions of the Civil Society Task-Force on ASEAN
Migrant Workers to the ASEAN Declaration on the Protection and Promotion of the
Rights of Migrant Workers (Cebu 2007),

Recalling
the key
concerns and issues identified by the Jakarta Process Review related to
existing legal, institutional, and policy frameworks in the countries studied
which are considered detrimental to the human rights of migrants in an
irregular situation and migrant domestic workers,

Expressing
solidarity
with the Jakarta Process Review—Appeal to the Asia Pacific Forumin its Call for Regional
Standard-setting on the Human Rights of Migrants in an Irregular Situation and
Migrant Domestic Workers (Kuala Lumpur 2008),

Noting
the
importance of inter- and intra-regional relationships among NHRIs given the
nature of migration and the capacity to share information and support when
dealing with migrants and specific migration issues,

Reaffirming the need for increased
cooperation and sharing of information and best practices, including the
development of specific joint programs and mechanisms, among NHRIs at regional
and international levels,

Noting
with great interest
similar calls for cooperation among NHRIs in other regions, including the
creation of mechanisms for communication and coordination between human rights
institutions, a call for NHRIs to engage in transnational cooperation and to
make use of their networks to communicate on migration issues, and to make recommendations
to strengthen cooperation between NHRIs to ensure the promotion
and protection of all human rights of migrants,

Welcoming
the
outcome of the Seoul Conference on Human Rights of Migrants and Multicultural
Society (Seoul, 10-12 Nov. 2008) which recognizes the urgent need to develop
strategies and action-oriented guidelines to strengthen and promote cooperation
among NHRIs in Asia in addressing challenges identified during the Conference,

Recalling
the
Seoul Commitment to “promote, where relevant, regional cooperation among NHRIs”
in order to implement the Seoul Declaration of the 7th International
Conference of National Institutions for the Promotion and Protection of Human
Rights held in Seoul on 14-17 September 2004,

Welcoming the establishment
of the Seoul Process as a framework for cooperation among NHRIs and other
stakeholders,

adopts the following guidelines on the cooperation of
NHRIs for the promotion and protection of the human rights of migrants in Asia.

Section I

Principal
Areas of Action

NHRIs
in Asia are encouraged to take action in the following areas for the purpose of
promoting and protecting the human rights of migrants:

International
Human Rights Mechanisms and Processes

1.Standard-setting
on women migrant workers at the international and regional level,

2.Promoting
universal ratification of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families, particularly among
destination countries in Asia,

3.Promoting
universal ratification and implementation of all other international UN human
rights treaties and ILO conventions relevant to migrant issues,

4.Promoting
ratification of the 2nd Palermo Protocol to the UN Convention
against Transnational Organized Crime,

5.Ensuring
regular reporting on and implementation of the concluding observations and
recommendations associated with the human rights treaties above,

7.Strengthening
of cooperation with the Special Rapporteur on the human rights of migrants and
other Special Procedures established by the Human Rights Council (HRC)

8.Participating
in the Universal Periodic Review (UPR) mechanism and ensuring implementation of
its recommendations

9.Participating
in the Global Forum on Migration and Development,

10.Enhancing
cooperation with the Office of the High Commissioner for Human Rights (OHCHR),
particularly with the National Institutions Unit (NIU) and Asia and the Pacific
Unit

11.Enhancing
cooperation with international
organizations, in particular, International Labor Organisation (ILO), UN High
Commissioner for Refugees (UNHCR) and International Organisation for Migration
(IOM)

12.Institution-building
related to the ASEAN Declaration on the Protection and Promotion of the Rights
of Migrant Workers (January 2007),

National
Implementation of International Human Rights Standards

13.Encouraging
and supporting establishment of independent NHRIs in conformity with the
Principles Relating to the Status and Functioning of National
Institutions for Protection and Promotion of Human Rights (Paris
Principles),

14.Strengthening
of NHRI mandates with regard to the human rights of migrants,

15.Developing
and implementing National Action Plans (NAP) that include the human rights of
migrants, and ensuring the implementation of such NAPs,

16.Harmonizing
national legislation and policies in conformity with international human rights
standards,

17.Improving
policy coordination among government agencies in addressing issues of migration
based on human rights principles,

18.Enhancing
cooperation and collaboration with relevant government agencies,

19.Enhancing
cooperation with stakeholders such as NGOs, academia, media and other civil
society actors,

20.Ensuring
participation of migrants in the policy decision-making process and policy implementation,

23.Promoting
and ensuring equal access to education, medical, social security, judicial and
legal services for migrants and their family members,

Education,
Training, and Awareness-building,

24.Developing
human rights education and training modules and materials in all appropriate
languages,

25.Campaigning
for raising public awareness of the human rights of migrants,

26.Educating
migrants on their rights at the time of pre-departure in the country of origin
and at post-arrival in the country of destination,

27.Educating
and training government officers on human rights related to migrants, particularly
immigration officers, the police and correctional officers,

28.Promoting
a culture of human rights, meaning the promotion of tolerance, respect for cultural
diversity, and inter-cultural understanding in order to combat racism, racial
discrimination, xenophobia and related intolerance,

29.Carrying
out collaborative studies, survey and research on issues related to migrants,

Migrant
Workers

30.Improving
national policies on employment of foreign laborers and personnel, including
company recruitment activities and the activities of recruitment agencies, in
conformity with international human rights standards,

31.Establishing
a set of minimum standards on working conditions and workplace policies
including safety and health, overtime and irregular hours, fair and adequate
pay, clear information regarding work duties, the reduction of language
barriers, respect for cultural and religious beliefs in the assignment of work duties
and schedules, job termination and forceful dismissal,

32.Taking
legislative initiatives aimed at greatly increasing the penalty for a violation
of national labor and employment laws, or recruitment policies,

33.Establishing
a set of minimum standards for the living conditions associated with employer
supplied housing for migrant workers, and their families, where appropriate,
including requirements for the provision of basic amenities, such as shelter, running
water, heat, and lighting,

34.Taking
legislative and administrative initiatives aimed at securing the application of
domestic labor and employment laws to migrant workers in a manner that is equal
to that of the national labor force including the provision of medical
services, participation in the national pension system, worker’s accident and
disability compensation, the right to join and form unions, and the right to legal
remedies for unpaid wages,

35.Enhancing
the right to change employer, especially in cases of exploitative or otherwise
unjust working conditions,

36.Conducting
joint research, development, and publication of model contracts for migrant
workers which are industry specific and take into account relevant national
contract laws,

37.Monitoring
the human rights situation of irregular migrant workers during periods of
intensified government enforcement of national immigration laws and increased
detention and deportation of irregular workers, including amnesty and
repatriation actions,

38.Enhancing
the right of asylum seekers to support themselves through temporary employment
or other adequate means of livelihood while awaiting determination of their
status,

39.Ensuring
decriminalization of the victims of smuggling and trafficking,

Migrant
Women

40.Securing
the safety, security and dignity of women migrant workers in their intended
workplace before departure from the country of origin, while in transit, and
after arrival in the country of destination,

41.Setting
minimum standards applicable to the employment and treatment of women domestic
workers, including a minimum entitlement to one day of rest per week,

42.Improving
national policies regarding international marriage brokerage activities,
including specific policies aimed at preventing, identifying, and, where
appropriate, prosecuting activities that mislead women into marriage or violate
the human dignity of women by inhuman and degrading treatment,

Children
of Migrants and Child Migrants

43.Securing
the right to education regardless of the immigration status of the children
themselves or their parents,

44.Preventing
discrimination and prejudice against the children of migrants and international
marriages, and child migrants, in schools and in the classroom,

45.Promoting
cultural and social integration regarding the children of nationals abroad, and
social and educational reintegration of the children of returning migrants,

46.Encouraging
birth registration and granting of the appropriate nationality under the laws
of both the country of origin and the country of destination, in particular the
registration of newborn children of irregular migrants without fear of arrest
or detention,

47.Enlarging
social service programs that grant financial assistance for child care and
medical services regardless of immigration status,

48.Protecting
human rights of children of migrants in detention facilities.

Section II

Working
Structure Seoul
Process

The Seoul Process, which
is a framework for cooperation among NHRIs and other stakeholders with the
purpose of implementing the Plan of Action set forth in Section III of these Guidelines,
is hereby established in accordance with the following:

49.The
National Human Rights Commission of Korea (NHRCK) is appointed as the convener
of the Seoul Process,

50.The
convener is requested to organize, in cooperation with the APF, the next meeting
of the Seoul Process to be held in 2009 (Seoul Process 2009),

51.The
convener shall cooperate closely with the Jakarta Process, which focuses on the
human rights of migrants in an irregular situation and migrant domestic workers,

52.The
APF is requested to provide necessary assistance and support, including financial,
for the Seoul Process in relation to the implementation of these Guidelines,

53.The
UN Special Rapporteur on the human rights of migrants shall be invited to join the
Seoul Process 2009,

54.A focal
point within each NHRI shall be created to serve as the primary channel for all
cooperative efforts related to the implementation of these Guidelines,

55.Interested
NHRIs are encouraged to enter into MOUs on issues of mutual concern regarding
the promotion and protection of the human rights of migrants,

56.Interested
NHRIs are encouraged to develop staff exchange programs to address issues of
mutual concern in relation to the implementation of these Guidelines,

57.A proposal
shall be made to the APF Councilors for the creation of a Working Group on
Migration as decided at the 8th International Conference of National
Institutions for the Promotion and Protection of Human Rights (Santa Cruz,
Bolivia, 24-26 Oct. 2006),

58.A
proposal shall be made to the APF Councilors to consider taking up the issue of
migration as the Advisory Council of Jurists (ACJ) theme of study and
recommendation for the year 2009/10.

Section III

Plan
of Action

NHRIs
in Asia are encouraged to undertake the following actions in coordination with
the Seoul Process for the purpose of promoting and protecting the human rights
of migrants:

59.Development
of mid-term action plans for the implementation of these Guidelines at the
regional level,

60.Development
of concrete action plans in line with these Guidelines as an integral part of
each NHRI’s annual work plan from 2009 onwards,

61.Monitoring
of the human rights situation of migrants in each country,

63.Taking
of joint action, where appropriate, to address issues of mutual concern that require
an internationally coordinated response,

64.Production
of an annual report on the implementation of these Guidelines,

65.Establishment
of joint research projects among NHRIs in Asia on the causes, processes and
consequences of international migration,

66.Initiation
of an international campaign for the universal ratification of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families, and other related human rights
treaties,

67.Working
towards the inclusion of migration initiatives in the National Action Plans
(NAP) of the NHRIs’ respective governments,

68.Development
of training modules and materials related to the human rights of migrants,

69.Initiation
and implementation of public human rights campaigns on migrant issues aimed at awareness
building,

70.Initiation
and implementation of human rights education and training programs for migrants
at the time of pre-departure from the country of origin and at post-arrival in the
country of destination,

71.Initiation
and implementation of human rights training programs for government officers,
in particular, law enforcement agencies, including immigration, police and
detention facilities,

72.Monitoring
and participation in the regional standard-setting and institution-building processes
related to the human rights of migrants.